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Mack v. State5/19/2004
mation. Judge Card made this finding. The question is whether this finding was justified.
At Mack's sentencing, Judge Card noted that Mack had a history of violence, especially while under the influence of alcohol, and that Mack had not benefited from previous prison sentences and treatment opportunities. The record supports these findings. After Mack was released from prison in 1995 after serving his sentence for his first felony (sexual abuse of a minor), he violated his probation by failing to complete substance abuse treatment and by failing to complete sex offender treatment. Moreover, Mack's murder of Allison Ward took place on April 1, 1999, less than two months after his release from prison after serving his sentence for his second felony (third-degree assault).
Given this record, we conclude that Judge Card was not clearly mistaken when he restricted Mack's eligibility for discretionary parole until Mack serves 66 years.
Conclusion
The judgment of the superior court is AFFIRMED.
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